West Virginia Code Chapter 62. Criminal Procedure § 62-7-10. Prison Commitment order

The clerk of a circuit court in which a person is sentenced to serve a period of incarceration in a state prison shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order in the form provided for in this section. A person may not be committed to a prison unless the commitment order is signed by the circuit judge with jurisdiction over the matter. The amendments to this section enacted during the 2019 regular session of the Legislature are effective July 1, 2019.

IN THE CIRCUIT COURT OF __________ COUNTY, WEST VIRGINIA

State of West Virginia

v. circuit court Case No.__________

Defendant: __________

DOB: __________ SSN: XXX-XX-___ Gender: ___ Male/___ Female

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED PRISON COMMITMENT ORDER

On the __________ day of __________, 20___, the State of West Virginia, by __________, and the defendant appeared in person and with counsel, __________.

The defendant has been convicted of the following offense(s):

The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of: .

Conviction Date: __________ Sentence Date: __________

Effective Sentence Date: __________ Resentence Date: __________ Consecutive to: ___ Concurrent with:

Credit for Jail/Prison Time Served: ___ days Credit for Home Incarceration: ___ days

Credit for Home Incarceration Parole: ___ days Other NonPenal Credit: ___ days

Additionally, the court finds:

The defendant shall be transported to and held in a facility under the control of the Commissioner of the Division of Corrections and Rehabilitation. The court further orders that the cost of incarceration in the jail pending transfer shall be paid by the Commissioner consistent with the provisions of § 15A-3-16 of this code.

Special Instructions:

It is further ordered that the Circuit Clerk shall immediately transmit a certified copy of this commitment order to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).

Enter this __________ day of __________, 2___.